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[p109]
The International Court of Justice,
composed as above,
after deliberation,
having regard to Article 48 of the Statute of the Court,
having regard to Articles 62 and 69 of the Rules of Court,
Makes the following Order:
Having regard to the Preliminary Objection in the case concerning rights of
nationals of the United States of America in[p110] Morocco, filed by the
United States Government on June 21st, 1951, that is to Say, within the
time-limit fixed for the filing by that Government of the Counter-Memorial
in that case ;
Having regard to the Order of June 25th, 1951, fixing August 6th, 1951, as
the time-limit for the presentation by the Government of the French Republic
of a written statement of its observations and submissions in regard to the
Objection ;
Having regard to the said written statement, presented within the time-limit
fixed ;
Having regard to the decision of the Court of October 4th, 1951, requesting
the Agent for the Government of the French Republic to clarify the capacity
in which the French Republic was proceeding in that case, and, in
particular, to specify whether it was appearing both on its own account and
as Protecting Power in Morocco ;
Having regard to the letter dated October 6th, 1951, which reached the
Registry on October 9th, and of which a copy was the same day sent to the
Agent for the Government of the United States of America, by which the Agent
for the Government of the French Republic, in answer to the Court's request,
stated that the Government of the French Republic was prepared, in order to
dispel the doubts remaining in the mind of the Government of the United
States of America, to supplement its observations and submissions in regard
to the Objection by specifying that the French Republic was proceeding in
the case both on its own account and as Protecting Power in Morocco, the
judgment of the Court to be binding upon France and Morocco ;
Whereas by a letter dated October 22nd, 1951, which reached the Registry on
October 25th, the Agent for the Government of the United States of America
referred to the letter, dated October 6th, from the Agent for the Government
of the French Republic, and stated that, having regard to the terms of that
letter, the Government of the United States of America was prepared to
withdraw its Objection ;
Whereas by a letter dated October 25th, 1951, a copy of the communication
from the Agent for the Government of the United States of America was
transmitted to the Agent for the Government of the French Republic, who was
requested, pursuant to Article 69 of the Rules, to state as soon as possible
whether he opposed this withdrawal;
Whereas by a letter dated October 27th, 1951, which reached the Registry on
October 29th, the Agent for the Government of the French Republic stated
that he did not oppose the withdrawal of the Objection ;[p111]
The Court
places on record the discontinuance by the Government of the United States
of America of the proceedings instituted by the Preliminary Objection filed
on June 21st, 1951 ;
orders that the said proceedings shall be removed from the Court's list;
records that the proceedings on the merits, suspended by the Objection, are
resumed ;
fixes as time-limits for the filing of
the Counter-Memorial of the Government of the United States of America,
December 20th, 1951 ;
the Reply of the Government of the French Republic, February 15th, 1952 ;
the Rejoinder of the Government of the United States of America, April 11th,
1952.
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this thirty-first day of October, one thousand nine
hundred and fifty-one, in three copies, of which one will be placed in the
Archives of the Court and the others will be transmitted to the Governments
of the United States of America and of the French Republic respectively.
(Signed) J. G. Guerrero,
Vice-President.
(Signed) E. Hambro,
Registrar. |
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